Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(116): “Sharia Ruing on Paying a Compensation to Partners“

Date Added : 28-10-2015

 

Resolution No.(116): “Sharia Ruing on Paying a Compensation to Partners“

Date: 4/9/1427 AH, corresponding to 27/9/2006 AD.

 

The Board received the following question:

In 1999, a person assumed operating a land in which he was a partner and which was irrigated free by a natural flow of a spring water. In 1994, the Water Authority of Jordan drew out its water shares in that spring in order to deliver them to residential areas. As a result, he was forced to purchase plastic pipes and a generator to pump the water to his land. In 2001, he and his partners filed a suit against the Water Authority of Jordan because of the harm inflicted on them. However, his partners didn`t cover any expenses concerning that lawsuit because the lawyer was supposed to receive a percentage from the compensation, so he had to cover all the expenses on his own. After filing that suit, his partners proposed selling their shares in that land to him, and he agreed and the deal was concluded. In February of 2006, the court ruled that the Water Authority of Jordan pays a compensation to the land owners because its value as irrigated land differed from its value as unirrigated land. On its part, the Water Authority of Jordan did pay the compensation and ordered the Lands Registration Department to transfer that land from irrigated into unirrigated. Is that person entitled to take that compensation for himself because he is the only one who was inflicted with harm while operating the land and after purchasing it as it was changed from irrigated into unirrigated, or is that compensation the right of all his partners?

Answer: All success is due to Allah

The Board is of the view that all partners are entitled to receive the compensation, and the above person`s purchase of their shares doesn`t deny them their right in the compensation since he did so after the suit was filed.

Besides, his partners sold him their shares after the price of the land had decreased. However, the Board sees that he is entitled to claim the costs, which he paid for buying the plastic pipes and the generator, from them. And Allah Knows Best.

 

 

The Iftaa' Board

        Chairman of The Iftaa' Board

            Chief Justice/ Dr.Ahmad Hlyaal

                    Sheikh AbdelKareem Al-Khasawneh

Dr. Yousef Ali  Ghythan

                                                                 Dr. Wasif Al-Bakhri

                                                                 Sheikh Saeed Hijawii

Sheikh Naeem Mujahid

                                                                 Dr. Yaser Al-Shamali

 

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Summarized Fatawaa

A woman made a wig for herself from her own [previously shed] hair, which she wears on her head after having lost her hair [due to hair loss]. Is this permissible?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Since the hair belongs to the woman herself, the wig can be removed during the obligatory ghusl (ritual bathing), and part of the head can still be wiped during wuḍū' (ablution), there is no sharī‘ah objection to making this wig — provided she does not appear wearing it in front of non-maḥram men (Any males outside a woman's immediate family whom she is permitted to marry under Islamic law), since it is not permissible for them to look at a woman's detached hair.
It is stated in Rawḍat aṭ-Ṭālibīn wa ‘Umdat al-Muftīn: "Whatever it is not permissible to look at while still attached [to the body] — such as the male genitalia, a free woman's forearm, the hair of her head, and a man's pubic hair, and similar matters — it remains unlawful to look at even after it has been detached [from the body], according to the more correct position (al-aṣaḥḥ)." And Allah, the Exalted, knows best.

What is the ruling on seeking forgiveness between the two Friday sermons?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to seek forgiveness (Istighfar) between the two Friday sermons (Khutbatayn), and it does not invalidate the Friday prayer (Salat al-Jumu'ah). Furthermore, it is not disliked (Makruh) to speak before the sermon, after it, or between the two sermons. Likewise, it is not disliked for one who enters during the sermon to speak if there is a need for it, provided he has not yet taken a place and settled into it. And Allah the Exalted knows best.

What is the ruling on selling sacrificial animals (udhiyah) described with specific attributes and authorizing an agent to slaughter them?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Selling sacrificial animals (udhiyah) that are described with specific attributes is permissible. This falls under the category of a salam sale (forward sale) if conducted using the terminology of salam, and under the category of a regular sale if not using the terminology of salam.
 
As for authorizing the seller to slaughter the sacrificial animal, the basic principle is that it is permissible, because the agent (wakil) stands in the place of the principal (muwakkil) in achieving his objective. This is a contract that the principal (the buyer) is entitled to perform himself, so authorizing another (the seller) to do so on his behalf is valid.
 
However, it is a condition for authorization to slaughter that the intention (niyyah) is present either at the time of slaughter or at the time of handing over the sacrificial animal to the agent. The basic principle is that the sacrificial animal must be specifically designated, as it is an act of worship. It is not required to designate it at the time of slaughter; rather, it is valid to do so before that.
 
It is permissible for the principal either to delegate the intention to the agent or to formulate it himself when authorizing the agent to slaughter. However, the sacrificial animal must be designated, even if at the time of slaughter, by the agent.
 
It is obligatory to designate the sacrificial animals so that each person offering a sacrifice receives his own specific animal. Therefore, charitable organizations and companies must take this into consideration and establish a specific mechanism that ensures no mixing of sacrificial animals occurs, so that each person offering a sacrifice receives his own designated animal. And Allah Almighty knows best.

How do I deal with whispers (waswasa) in ablution and purification?

Whispers in ablution are from Satan, and the Muslim should not pay attention to them. He is not required to re-perform ablution or repeat washing a limb because of waswasa. He should always base his purification on its being valid. It is recommended for him to frequently say "La ilaha illa Allah" (There is no god but Allah), because Satan recoils when Allah is mentioned. And Allah the Almighty knows best.